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2002 UT App 130

State v. Geukgeuzian

Court of Appeals of Utah

Decided April 25, 2002

Court of Appeals of Utah · decided 2002-04-25

Cited by 2 later decisions — most recently June 2016

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2002-04-25

View the full empirical analysis of this case →

DAVIS, Judge

¶1(concurring and dissenting):

¶2120 I concur in the majority's analysis of the tampering with a withess conviction.

¶3T21 I do not, however, share the majority's analysis or result respecting the written false statement conviction. Since the indis-putedly erroneous instruction added language to the statute that made it uniquely applicable to the evidence in this case, suggesting that the jury could have found Defendant guilty under another section is a stretch that I cannot in good conscience make.

¶4$22 When tailoring a statute to fit the evidence is coupled with a failure to define the mental state required for conviction, I believe the Defendant has clearly established plain error, and his conviction for written false statement should also be reversed.

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